Full Judgment
D.K. Seth, J.
1. By an order dated 12th March. 1979 petitioner was promoted to the post of lecturer in Psychology on ad hoc basis In the pay scale of Rs. 300-550 ; but in the said order, it was specified that according to the Government Order, petitioner, whose name figuring at Serial No. 4 would be paid the scale of L.T. grade teacher. This order Annexure-I to the writ petition has since been challenged by Mr. A. N. Tripathi. According to him, in Government Order dated 10.3.1971 by clause (4) it was specified that only those persons having the post-graduate degree in the subject, which they are teaching would be entitled to the lecturer grade and all others shall be entitled to L.T. grade though teaching classes XI and XII. According to him, this clause conflicts with the qualifications prescribed in the regulation framed under the U. P. Intermediate Education Act, 1921. Sl. No. 19 prescribes the qualifications of the teachers for Intermediate, either M.A. (Psychology) or M.Ed. Therefore, according to him, the statutory regulation cannot be superseded by Administrative Circular, namely, Government Order dated 10.3.1971, which is contained as Annexure-I. Hence, according to him, the said clause (4) should be quashed.
2. Learned standing counsel, on the other hand, contends that the U. P. Intermediate Education Act and the Regulations framed thereunder prescribed that by Government Order circular can be issued which is as much binding and, therefore, in case of such conflict the Government Order will prevail.
3. I have heard both the learned counsel for the parties at length.
4. The contention of the learned standing counsel appears to be misconceived. The regulation has been framed in the exercise of plenary jurisdiction and the said regulation having statutory force cannot be superseded by the Government Order issued by the Executive. Even though such Government Order can be issued and may be applicable, but In the case of conflict, the statutory regulation will prevail.
5. It appears that regulations are framed in exercise of the power conferred under Section 15 by the Board. In the present case, regulations framed under Chapter II, Regulation 19, which prescribe the minimum qualifications for appointment of Head Master and Teachers have been provided in Appendix A in reference to the private recognised Higher Secondary Schools. The said Appendix is a part of regulation having been framed in exercise of plenary jurisdiction of the State. It has statutory force.
6. Now such Regulations, Appendix 'A' at Sl. No. 19 provides that the teachers of Intermediate classes should possess the qualification either M.A. (Psychology) or M.Ed. The use of expression 'or' clearly indicates that the candidate should possess the minimum qualification as provided in the clauses (1) and (2) of Sl. No. 1. If he is M.A. (Psychology), he has to be considered duly qualified. Similarly otherwise if he is M.Ed., he has to be considered duly qualified. In the present case, admittedly the petitioner is M.A.. M.Ed. This is not disputed and finds place in the order of promotion which is contained in Annexure-I to the writ petition. Petitioner having possessed the qualification for the post of lecturer, cannot be deprived of his pay in the scale of lecturer by virtue of the Government Order dated 10.3.1971 and it cannot be confined to one qualification only viz. to the post-graduate degree in the subject by excluding the other qualification laid down for the purposes of clause (4) of the said Government Order dated 10.3.1971, which has to be read subject to the qualification envisaged in the regulation. A person promoted to the post of lecturer would be entitled to the lecturer grade, unless it is so found to be in conflict with the regulation having statutory force and in which case theregulation would prevail. Therefore, clause (4) of the Government Order dated 10.3.1971 is thus liable to be quashed to the extent it excludes the requisite qualifications of post for being appointed as lecturer for intermediate class.
7. In the result, the writ petition succeeds. The petitioner is hereby declared eligible to the lecturer grade pay-scale on account of his being qualified by virtue of his qualification, i.e., M.A., M.Ed. Clause (4) of the Government Order dated 10.3.1971 stands quashed to the extent it excludes the minimum requisite qualifications of the post concerned prescribed in the regulation and should be applicable to the subject to the observation as made hereinbefore. Let appropriate writ do issued accordingly. No order as to costs.